Proposed Revised CHARTER CITY OF DETROIT

Transcription

1 Proposed Revised CHARTER OF THE CITY OF DETROIT *With Commentary As Adopted by the City of Detroit Charter Revision Commission on September 13, 2011 For Submission to Voters on November 8, 2011 NOTE: Commentary has not been, nor is required to be, approved by the Governor. I

2 PREAMBLE AND DECLARATION OF RIGHTS PREAMBLE We, the people of Detroit, do ordain and establish this Charter for the governance of our City, as it addresses the needs of all citizens and affirms our commitment to the development and welfare of our youth, our most precious treasure; instituting programs, services and activities addressing the needs of our community; fostering an environment and government structure whereby sound public policy objectives and decisions reflect citizen participation and collective desires; pledging that all our officials, elected and appointed, will be held accountable to fulfill the intent of this Charter and hold sacred the public trust; acknowledging our blessings from God, we pray our efforts will be accepted. DECLARATION OF RIGHTS 1. Detroit City government is a service institution that recognizes its subordination to the people of Detroit. The City shall provide for the public peace, health and safety of persons and property within its jurisdictional limits. The people have a right to expect aggressive action by the City s officers in seeking to advance, conserve, maintain and protect the integrity of the human, physical and natural resources of this city from encroachment and/or dismantlement. The people have a right to expect city government to provide for its residents, decent housing; job opportunities; reliable, convenient and comfortable transportation; recreational facilities and activities; cultural enrichment, including libraries and art and historical museums; clean air and waterways, safe drinking water and a sanitary, environmentally sound city. 2. The City has an affirmative duty to secure the equal protection of the law for each person and to insure equality of opportunity for all persons. No person shall be denied the enjoyment of civil or political rights or be discriminated against in the exercise thereof because of race, color, creed, national origin, age, disability, sex, sexual orientation, gender expression or gender identity. 3. A person shall have reasonable access to all files and records of the City in accordance with applicable laws. 4. The people have a right to know the rules and regulations governing dealings between the City and the public and to a means for the review of administrative decisions. 5. The City s police forces are in all cases and at all times in strict subordination to the civil power. 6. The City shall endeavor to require application of the principle of one person-one vote to the policymaking body of any regional or other multi-jurisdictional organization which taxes or provides any service to City residents or takes any action affecting the City s interests. 7. The enumeration of certain rights in this Charter shall not be construed to deny or disparage others retained by the people. 8. The City may enforce this declaration of rights and other rights retained by the people. COMMENTARY: The Preamble has been substantively amended to emphasize a commitment to the welfare and development of youth and assert the expectation that public servants will have unswerving fidelity to the public trust. The Declaration of Rights has also been revised. The reference to the City s II

3 obligation to provide excellence in education" has been removed from numbered paragraph 1, in recognition of the State s sole responsibility in this area. The categories of citizens protected against discrimination in numbered paragraph 2 have been revised. Handicap has been replaced with disability and gender expression and gender identity have been added as protected categories. It should be noted that persons with disabilities have a right to enjoy the privileges, rights and access to public facilities and resources as other citizens and all necessary actions should be taken to secure these rights. Sec ARTICLE 1. ESTABLISHMENT of CITY GOVERNMENT City Government. The people of Detroit, by adoption of this Home Rule Charter, create and provide for their continuing control of the municipal government of the City of Detroit. Sec General Powers. The City has the comprehensive home rule power conferred upon it by the Michigan Constitution, subject only to the limitations on the exercise of that power contained in the Constitution or this Charter or imposed by statute. The City also has all other powers which a city may possess under the Constitution and laws of this state. Sec Liberal Construction. The powers of the City under this Charter shall be construed liberally in favor of the City. The specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this article. Sec Boundaries. The boundaries of the City existing when this Charter takes effect continue in force until changed in accordance with law. ARTICLE 2. GENERAL PROVISIONS Sec Qualifications for Elective Officers and Appointive Officers. A person seeking elective office must be a citizen of the United States, a resident and a qualified and registered voter of the City of Detroit for one (1) year at the time of filing for office, and retain that status throughout their tenure in any such elective office. In addition, any person seeking office from a non at-large district must be a resident and qualified, registered voter in such district for one (1) year at the time of filing for office, and retain such status throughout their tenure. For any appointive city office, a person must be qualified to perform the duties of the office at the time of assuming the office and at all times while holding the office. The person s citizenship, residence and voter registration status shall be as required or permitted by this Charter or applicable law. COMMENTARY: The 1997 Charter has no stated durational residency requirement for elected officials. In contrast, consistent with state and federal law, this Charter imposes a one (1) year residency requirement for persons seeking elective office. An additional qualification for candidates seeking election from a non at-large district is that they reside in that district for at least one (1) year prior to filing for office. Requiring that candidates for elective office reside for a specified period of time in the community they seek to serve makes it more likely that elected officials will be intimately familiar with the unique issues impacting their communities. Lastly, the residency requirement for appointed officers has been eliminated as inconsistent with state law and modified to reflect the City of Detroit s right to establish residency requirements for employees as currently provided by law. MCL , et al.. This section now requires that appointed officers be qualified to perform the duties of the office at the time of appointment and throughout their tenure. Sec Term of Office. The term of every elective city officer is four (4) years and commences at noon on the first (1st) day of January after the regular city general election. Sec Oath of Office. Every elective officer and every appointee before entering on official duties shall take and subscribe the following oath before the Detroit City Clerk: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of this state and that I will faithfully discharge the duties of office to the best of my ability. The original 2

4 of the oath shall be filed in the Office of the City Clerk and a copy provided to the elective officer or the appointee. COMMENTARY: This section has been revised to require that elective officers and appointees give their statutorily required oath of office before the City Clerk and requires that a copy of the oath be provided to the elective officer or appointee. Sec Severability. If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Charter. Sec Definitions and Rules of Construction. A. As used in this Charter: 1. Agency means, where appropriate and unless indicated otherwise, one or all of the following: any department, office, multi-member body, subdivision of the Legislative branch of City government or other organization of city government and includes any elective officer, appointee, employee, or person acting or purporting to act in the exercise of official duties. 2. Appoint means being named to a position in the exempt service. 3. Appointee means a person holding either a compensated or uncompensated position. 4. Appointive office or appointive officer means compensated positions and appointees holding compensated positions. 5. City means the City of Detroit. 6. City Clerk means the City Clerk of the City of Detroit. 7. City Council means the legislative body of the City of Detroit. 8. Confidential Information means information obtained by a Public Servant by reason of his or her official position concerning the property, government or affairs of the City or any office, department or agency thereof, not available to members of the public pursuant to the Michigan Freedom of Information Act or other applicable laws, regulations or procedures. 9. Contractor means a party who, or which, seeks to enter, or enters, into a contract with the City of Detroit for the delivery of goods or services, but does not mean one who seeks to enter, or enters, into a personal services contract, as defined in this section, with the City. 10. Corrupt Conduct means the conduct of a Public Servant, in carrying out his duties, that violates applicable laws or the Standards of Conduct articulated in this Charter. 11. Director means the administrative head of any department or agency regardless of the title of a particular director. 12. District or ward means a district drawn on a geographical basis, which constitutes a political unit from which members of the City Council, Board of Police Commissioners and Community Advisory Councils are elected. 13. Elective officers means the Mayor, each member of the City Council, elected Board of Police Commissioners and the City Clerk. 14. Employee means a person employed by the City of Detroit, whether on a full-time or part-time basis. 15. Exempt service means both compensated and uncompensated positions. 16. Exercises significant authority means having the ability to influence the outcome of a decision on behalf of the City of Detroit government in the course of the performance of a Public Servant s duties and responsibilities. 17. Filling of vacancies means, except as otherwise provided by this Charter, whenever a vacancy occurs in any appointive position, the vacancy shall be filled by appointment (for the unexpired term, if any) in the manner provided for the original appointment. 18. General election in the city (distinguished from city general election ) means a city-wide general election regardless of whether its purpose is to fill national, state, county or City offices. 19. Hire means being employed for a position in the classified service as defined in section of 3

5 this Charter. 20. Immediate family member means a Public Servant s spouse, domestic partner, individual who lives in the Public Servant s household or an individual claimed by a Public Servant or a Public Servant s spouse as a dependent under the United States Internal Revenue Code at 26 USC 1, et seq. 21. Lobbying means all communications with a Public Servant for the purpose of influencing legislative or executive action. 22. Lobbyist means with respect to lobbying city government: (a) a person whose expenditures for lobbying are more than $1, in value in any 12- month period; (b) a person whose expenditures for lobbying are more than $ in value in any 12- month period, if the amount is expended on lobbying a single public official; or (c) a registered lobbyist under applicable laws, who lobbies Detroit city government. 23. Multi-Member Body means any board, commission, or other organization of City government. 24. Official Act means any action, omission, decision, recommendation, practice or procedure of any agency. 25. Personal services contract means a contract for the retention of an individual to perform services on behalf of the City of Detroit for a fixed period and for fixed compensation. 26. Proceedings means, with respect to City Council, any gathering of that body for purposes of conducting the legislative affairs of the City of Detroit. It includes, but is not limited to, hearings, council meetings, committee meetings and other council related activities where the body is required to convene by law or Charter to execute its legislative function, as dictated by law, Charter or ordinance. 27. Public Servant means the Mayor, members of City Council, City Clerk, appointive officers, any member of a board, commission or other voting body established by either branch of City government or this Charter and any appointee, employee or individual who provides services to the City within or outside of its offices or facilities pursuant to a personal services contract. 28. Resident(s) or residence means, in reference to qualification for elective office, service on a multi-member body or other Charter residency requirement, a person s principal, permanent place of residence. It shall be that place at which a person habitually sleeps, keeps their personal effects, and regularly lodges. If someone has more than one (1) residence, or a residence separate from that of their spouse, the place where the person resides the greater part of the time will be considered their official residence. Any relevant judicial interpretation of these terms shall be applicable. 29. Retain (distinguishing legal representation other than the Corporation Counsel) means the temporary hiring of outside legal counsel. 30. Serving and present means, when calculating an ordinary or extraordinary majority of: a. City Council members serving, vacant City Council seats are not included: and b. City Council members present, neither vacant City Council seats nor those of absent members are included. 31. Vacancy means that the position of any elective officer or appointee is deemed vacant upon death, resignation, permanent disability or dismissal from the position in any manner authorized by law or this Charter. 32. Voter of the city or city voter means a person who has the qualifications of and is registered as an elector of the City of Detroit under state law. 33. Willful Neglect of Duty means the intentional failure of a Public Servant to perform the duties of his office. B. Rules of Construction For purposes of this Charter, the following rules of construction apply: Including or included. Unless the contrary is expressly stated, these are not words of limitation, but mean including but not by way of limitation or included but not by way of limitation. Number and gender. The singular number includes the plural, the plural number includes the singular, and the masculine gender includes the feminine gender and the neuter. Tense. This Charter is to be regarded as speaking in the present and continuously. For example, the phrase "as provided by law" will incorporate the provisions of 4

6 law as they change from time-to-time. COMMENTARY: The definition section has been revised to include definitions for new words and clarification of several existing words. Several definitions were added to explain terms used in the Ethical Standards of Conduct (Sec , et seq,.) and Inspector General (Sec et seq.) sections of this Charter. Specifically, words that have been clarified include Agency, Appoint, Appointee, Appointive Office, Appointive Officer, and District ; newly defined words include City, City Clerk, City Council, Confidential information, Contractor, Corrupt Conduct, Director, Elective Officers, Employee, Exercises significant authority, Immediate family member Lobbying, Lobbyist, Multi-Member Body, Official Act, Personal services contract, Proceeding, Public Servant, Resident(s) or residence, and Willful Neglect of Duty. It should be noted that Proceeding was added to clarify that there are a range of official activities the City Council engages in as a body that require the services of the City Clerk, irrespective of the time during which they may occur or the amount of advance notice that may be reasonably given to the City Clerk. Such definition should be read in conjunction with section (7) (Duties and Powers of City Clerk). The language contained in subsection (B), Rules of Construction, consists of language formerly incorporated into section as definitions and provides rules to assist in reading and understanding the Charter. Sec Ethical Standards of Conduct. 1. These standards of conduct apply to Public Servants including the Mayor, City Council members, City Clerk, appointive officers, appointees, employees and contractors as defined in this Charter. The purpose of applying and enforcing these standards is to ensure that governmental decisions are made in the public s best interest by prohibiting city officials and employees from participating in matters that affect their personal or financial interests. All City ordinances not inconsistent with these sections and that effectuate its operation may be retained. Ordinances may be enacted which are necessary to effectuate the operation of these sections. No ordinance shall be enacted which limits, contradicts or otherwise conflicts with the intent and purpose of these sections. 2. Except as otherwise provided by applicable law, a Public Servant shall not knowingly: a. Willfully or grossly neglect the discharge of his or her duties; b. Use or disclose Confidential Information concerning the property, government or affairs of the City or any office, department or agency thereof, not available to members of the public and gained by reason of his or her official position; c. Use property of the City except in accordance with policies and procedures of the City; d. Engage in or accept private employment or render services when such employment or service is in conflict or incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of official duties; e. Represent a private person, business or organization in any action or proceeding pending before the City or any office, department or agency thereof, except: i. A Public Servant may represent another person, business or organization before a City agency where such representation is a required part of his or her official duties; ii. A Public Servant who is an uncompensated member of a City board, commission or other voting body may act as an agent, attorney or representative for another person, business or organization in a matter that is pending before a City agency, other than the board, commission or other voting body on which he or she is a member; or iii. A Public Servant who is compensated by the City may act as an agent, attorney or representative for another person, business or organization in a matter that is pending before a City board, commission or other voting body, other than the board, commission or other voting body on which he or she serves as an appointee or as an employee or under a personal services contract, as long as he or she does so without compensation and on his or her leave time. 5

7 f. Vote or otherwise participate in the negotiation or the making of any city contract, or any other type of transaction, with any business entity in which he or she or an immediate family member has a financial interest; or g. Use his or her official position, in violation of applicable law, to improperly influence a decision of the Mayor, City Council members, Clerk, appointees or employees. A Public Servant who, in the course of his or her duties, exercises significant authority shall not: a. Solicit or accept a loan or payment from an individual who is providing service to, receiving tax abatements, credits or exemptions from the City; or b. Unduly influence any decision to fill a position in City government with an immediate family member. Sec Disclosures. 1. Except as otherwise provided by applicable law, a Public Servant who exercises significant authority shall disclose: a. Any financial interest, direct or indirect, that he or she or an immediate family member has in any contract or matter pending before City Council. b. Any financial interest, direct or indirect, that he or she or an immediate family member has in any contract or matter pending before or within any office, department or agency of the City. c. Any interest that he or she, or an immediate family member has in real and personal property that is subject to a decision by the City regarding purchase, sale, lease, zoning, improvement, special designation tax assessment or abatement or a development agreement. d. Campaign contributions and expenditures, in accordance with applicable laws. e. The identity of any immediate family member employed by the City or who is making application to the City. 2. In addition to compliance with subsection (1) above, contractors and vendors shall disclose: a. The identity of all entities and persons with any financial interest, direct or indirect, in any contract or matter the vendor or contractor has pending before City Council. b. The identity of all entities and persons with any financial interest, direct or indirect, in any contract or matter the vendor or contractor has pending before or within any office, department, or agency of the City. 3. The above disclosures shall be made in writing and be made by sworn, notarized affidavit, in accordance with City ordinance and applicable laws. Sec Lobbying Registration and Reporting. A lobbyist who lobbies within the city government shall be required to register with the City and file a report of his or her lobbying activity. All documents filed by lobbyists shall be filed with the City Clerk, be a public record and additionally published electronically on the World Wide Web or other format as to provide remote or on-line access to the reports. A fee shall be assessed to each lobbyist. Sec Gifts and Gratuities. A Public Servant shall not accept gifts, gratuities, honoraria, or other things of value from any person or company doing business or seeking to do business with the City, is seeking official action from the City, has interests that could be substantially affected by the performance of the Public Servant s official duties, or is registered as a lobbyist under applicable laws. This prohibition shall not apply to: 1. An award publicly presented to a Public Servant by an individual, governmental body or nongovernmental entity or organization in recognition of public service. 2. Complimentary copies of trade publications, books, reports, pamphlets, calendars, periodicals or other informational materials. 3. A gift received from a Public Servant s relative or immediate family member, provided that the relative or immediate family member is not acting as a third party s intermediary or an agent in an attempt to circumvent this article. 6

8 4. Admission or registration fee, travel expenses, entertainment, meals or refreshments that are furnished to the Public Servant: (i) by the sponsor(s) of an event, appearance or ceremony which is related to official City business in connection with such an event, appearance or ceremony and to which one (1) or more of the public are invited; or (ii) in connection with teaching, a speaking engagement or the provision of assistance to an organization or another governmental entity as long as the City does not compensate the Public Servant for admission or registration fees, travel expenses, entertainment, meals or refreshments for the same activity. Sec Prohibition. One Year Post-Employment Subject to state law, for one (1) year after employment with the City, a Public Servant shall not lobby or appear before the City Council or any City department, agency, board, commission or body or receive compensation for any services in connection with any matter in which he or she was directly concerned, personally participated, actively considered or acquired knowledge while working for the City. Subject to state law, for a period of one (1) year after employment with the City, a Public Servant shall not accept employment with any person or company that did business with the City during the former Public Servant s tenure if that Public Servant was in any way involved in the award or management of that contract or the employment would require the sharing of confidential information. Sec Contracts Voidable and Rescindable. The City s Purchasing Department shall amend its standard contract form to include language which provides that City contracts shall be voidable or rescindable at the discretion of the Mayor or Inspector General at any time if a Public Servant who is a party to the contract has an interest in such contract and fails to disclose such interest. Such contract shall also be voidable or rescindable if a lobbyist or employee of the contracting party offers a prohibited gift, gratuity, honoraria or payment to a Public Servant in relation to the contract. A fine shall be assessed to the contractor in the event of a violation of this section of the Charter. If applicable, the actions of the contractor, and its representative lobbyist or employee, shall be referred to the appropriate prosecuting authorities. Sec Campaign Activities Using City Property Or During Working Hours. Appointees, appointive officers and employees are prohibited from engaging in campaign activities using City property or engaging in such activity during working hours. The Mayor, City Council members and City Clerk are prohibited from soliciting appointees, appointive officers and employees to work on political campaign activities using City property or during working hours. Sec Board of Ethics, Application, Appointment, Qualifications and Terms. The independent Board of Ethics shall consist of seven (7) members who are City residents and not elective officers, appointees or employees of the City at any time during their board membership. The members of the Board of Ethics shall be selected as follows: 1. Three (3) who shall be appointed by the City Council; 2. Three (3) who shall be appointed by the Mayor; and 3. One (1) who shall be jointly appointed by the Mayor and City Council. Such appointments shall be made after applications are received, reviewed and interviews conducted. Members shall serve for a term of five (5) years, up to two (2) consecutive terms not to exceed 10 years. Such terms shall be staggered. Members of the Board of Ethics are subject to removal for cause. Sec The Board of Ethics shall: Powers and Duties. 1. Issue advisory opinions regarding the meaning and application of provisions of the Charter, city ordinances or other laws or regulations establishing standards of conduct for Public Servants. Advisory opinions shall be rendered upon written request by a Public Servant regarding his or her own actions. The advisory opinions shall not disclose the identity of the Public Servant concerned. 2. Receive and resolve complaints arising under the Ethics Ordinance. The Board of Ethics shall be authorized by ordinance to conduct investigations on its own initiative, subpoena witnesses, administer oaths, take testimony, require the production of evidence relevant to a matter under investigation, appoint independent counsel when necessary, and to 7

9 perform other functions essential to ensure the integrity of City government. 3. Prepare an annual report for submission to the Mayor and City Council. Consistent with state law, the Board of Ethics may recommend improvements in the standards of conduct to ensure the ethical behavior of City elective officers, appointees and employees, or in the organization and procedures related to the administration and enforcement of those standards. 4. Provide mandatory training for the Mayor, City Council, Clerk, appointive officers and appointees and employees who exercise significant authority in the execution of his or her official duties. 5. Provide training for all other appointees and employees including those subject to Article 6, Chapter 4 of this Charter. 6. Issue penalties for violations of this section of the Charter, as consistent with state law. Sec Obstruction. Cooperation in Investigations; It shall be the duty of every Public Servant, contractor and subcontractor and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the Board of Ethics in any investigation pursuant to this article. Any Public Servant who willfully and without justification or excuse obstructs an investigation of the Board of Ethics by withholding documents or testimony is subject to forfeiture of office, discipline, debarment or any other applicable penalty. The requirements under this section shall be incorporated into all City contracts, where legally necessary for application and enforcement. Sec Violations and Penalties. 1. Any intentional, willfully negligent or grossly negligent violation of sections through and of the Charter shall subject the violator to any one or more of the following: a. Public admonishment issued by Board of Ethics; b. If an employee, a recommendation that he or she be reviewed for disciplinary action; c. If an elective or appointive officer, a recommendation to the City Council for removal or forfeiture proceedings; d. Administrative sanction assessed by the Board of Ethics in an amount and to the extent allowed by law; and e. Prosecution by the City s Law Department in a court of jurisdiction and, upon conviction, to a fine and/or imprisonment up to the maximum allowed by law, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. 2. With regard to violations by contractors, in addition to the remedies in paragraph (1), the Board of Ethics may recommend to the City s Purchasing Director one or more of the following: a. Suspension of a contractor; b. Disqualification or debarment from contracting or subcontracting with the City; c. Administrative sanction assessed by the Board of Ethics. Subject to any relevant state law, such fine shall be determined by considering the amount of damages incurred by the City as a result of the subject violation; and/or d. Prosecution by the City s Law Department in a court of jurisdiction and, upon conviction, a fine for each violation and imprisonment up to the amount and time allowed by law, respectively. Nothing in this section shall be interpreted to conflict with state law. All penalties associated with this section of the Charter are in addition to the civil and criminal penalties available to the City under applicable law. 8

10 Sec Meetings. All meetings of the Board of Ethics shall be subject to the Michigan Open Meetings Act MCL , et al., and open to the public unless an individual involved in the matter to be addressed requests in writing that the meeting be closed, or unless otherwise provided by ordinance and consistent with state law. Sec Funding. The City shall annually appropriate funds sufficient to enable the Board of Ethics to perform its duties. Funding shall be in accordance with section (Proportional Funding for Oversight Agencies). Sec Campaign Finance Reports. Every elective officer or candidate for election shall make public their campaign contributions and expenditures by filing a report or reports thereof as required by state law. COMMENTARY: These new sections to replace section of the 1997 Charter which: (1) prohibited public officers from using their office for private gain; (2) required reasonable disclosure of financial interests held by any elective officer, appointee, or employee under certain circumstance; and (3) generally prohibited actions which create an appearance of impropriety, all of which were to be implemented by ordinance. This new section is a more comprehensive regulation of the ethical behavior expected of elected officials, appointees and employees. Section (2)(b) is intended to prohibit the inappropriate use or disclosure of confidential information. Nothing in this section is intended to prohibit a relevant Public Servant from using such information to perform their job duties. Sec Dismissal Proceedings. A. Recall of Elective City Officers. Any of the elective City officers provided for in section of this Charter may be recalled by the voters of the City in the manner provided for by law. B. Forfeiture of Office Held by Elective City Officers. 1. Grounds for Mandatory Forfeiture. The office of an elective city officer shall be forfeited for the following: a. Lacks at any time any qualifications required by law or by section of this Charter; b. Plead to, or is convicted of, a felony while holding the office; c. Engages in official misconduct; d. Willful or gross neglect of duty; e. Corrupt conduct in office; or f. Any other misfeasance or malfeasance. 2. Grounds for Permissive Forfeiture. The City Council may determine that the office of an elective city officer should be forfeited where the officer: a. Based on a recommendation of the Board of Ethics to the City Council, is determined by a three-fourths (3/4) vote of City Council members serving to have violated the Ethics Ordinance or ethics provisions of this Charter; b. Refuses to cooperate in an investigation of the Inspector General, Board of Ethics or Ombudsperson; c. Neglects or refuses to comply with the provisions of this Charter after being provided an opportunity to comply pursuant to section (Enforcement of Charter); or d. Violates any provision of this Charter punishable by forfeiture. 3. Procedure. Where the City Council determines that forfeiture under subsections (B)(1) or (B)(2) of this section, or both, is proper, the officer shall be charged through adoption of a resolution, which provides the factual basis for each charge, by a two-thirds (2/3) vote of members serving. Upon adoption of the resolution, the City Clerk shall forward a certified copy of the resolution to the officer by registered mail. An elective city officer charged with conduct constituting grounds for forfeiture is entitled to a public hearing before the City Council and to outside legal representation, as permitted by law, which shall be paid by the City of Detroit at rates commensurate with the hourly rate normally paid by the City. A City Council member charged with conduct constituting grounds for 9

11 forfeiture may not participate in the resolution of the charge. Notice of the hearing and the charging resolution shall be published in a daily newspaper of general circulation in the City, and by electronic posting available to the public, at least fourteen (14) days in advance of the hearing. A decision by the City Council for forfeiture of the office of an elective city officer is subject to judicial review in accordance with Michigan law. 4. Hearing Rules. In accordance with section of this Charter, the City Council shall promulgate rules for the Body s forfeiture hearings. Such rules shall comport with procedural due process and shall be in effect prior to any resolution charging the elective city officer. The City Council may request that Corporation Counsel retain an outside legal advisor to assist it regarding the interpretation, application and enforcement of the rules for the hearing, admissibility of evidence, objections and other legal issues arising in connection with the proceedings. C. Removal of City Appointees. 1. Grounds. A city appointee who serves at the pleasure of his or her appointing authority may be removed by the appointing authority without cause. A city appointee who is subject to removal for cause may be removed by the appointing authority for: a. Lack of qualifications; b. Incompetence; c. Neglect of duties; d. Misconduct; e. Pleading to or conviction of a felony; f. Violation of this Charter; g. Violation of federal or state law; h. Violation of any city ordinance, rule, or regulation; or i. Any reason under subsections (B)(1) and (B)(2) of this section. In addition, where a person is appointed to a multimember body, the appointee is subject to removal for cause for habitual non-attendance of meetings as defined in the Body s rules, or as established by review of the minutes from the Body s meetings. 2. Procedure. A city appointee who is removable for cause may not be removed under this subsection without an opportunity for a hearing before the appointing authority. A copy of the charges shall be furnished at least fourteen (14) days in advance of the hearing. 3. Hearing Rules. In accordance with section of this Charter, each appointing authority shall promulgate procedural rules for removal hearings. Such rules shall comport with procedural due process and shall be in effect prior to any notice or resolution charging the city appointee. COMMENTARY: This section has been reorganized and clarified in addition to providing several substantial changes. The Home Rule City Act, authorizes adoption of charter provisions concerning voter recall of city elective officers and the Michigan Election Law allows cities to provide by charter for removal of such officers. MCL 117.4i(g) and MCL (1), respectively. The 1997 Charter provides little guidance on the grounds for forfeiture. Although it references violation of any charter provision that is punishable by forfeiture as justification for forfeiture, with the exception of section (Obstruction) (section in this Charter), there were no other Charter provisions that triggered forfeiture. This Charter provides several grounds for forfeiture including many reflected in state law for elected city officials and other state officers. See, e.g., MCL ; MCL The addition of specific grounds for forfeiture is intended to clarify the grounds and process for citizens, through their elected City Council, to challenge the conduct of elected officials and their fitness for elective city office. This section has also been revised to clarify its application to appointees and provide additional grounds for the removal of appointees who are subject to removal for cause. Sec Pay Plans. All city appointive officers and employees, except elective officers and those whose compensation is stated in collective bargaining contracts made effective under section 6-408, employed by the City and paid either in part or in whole from city appropriations shall be compensated in accordance with pay plans which have been initiated by the Mayor and approved by the 10

12 City Council through adoption of a resolution. Where applicable, the salaries of all city elective officers shall be determined by an Elected Officials Compensation Commission, which shall be created by an ordinance containing provisions as required by state law. COMMENTARY: This section has been substantively revised to reflect that the process for pay plan approval is by City Council resolution, which has existed at least since adoption of the 1974 Charter. The 1997 Charter, however, references an ordinance approval process. It is also revised to indicate that only the Mayor can initiate pay plans. Sec Reimbursement. Except as otherwise expressly provided, the members of every multi-member body created by this Charter or under section of this Charter shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. Sec General Provisions for Multi-Member Bodies. Any multi-member body created in this Charter or under section may select its officers and adopt rules of procedure. A majority of its members constitutes a quorum. The Body s meetings shall be conducted in compliance with the Michigan Open Meetings Act, MCL , et seq., including making a record of its proceedings. The record shall be made available to the public in accordance with the Michigan Freedom of Information Act, MCL , et seq. Unless otherwise provided for in this Charter or in the Detroit City Code, each term begins on the fifteenth (15 th ) day of February and ends on the final February fourteenth (14 th ) of the term. COMMENTARY: References to meetings and records being public have been replaced by specific mention of the Open Meetings Act and Freedom of Information Act. This change make clear that these bodies are required to comply with general state laws which regulate public meetings and records. Also, an ending date for the terms of members of these bodies has been added. Sec Promulgation of Administrative Rules. (1) Where a city ordinance permits or requires a city department director, agency head or multi-member body to promulgate a rule governing dealings between the City and the public, or establishing hearing procedures for resolving matters in dispute, the city department director, agency head or multi-member body shall comply with this section. (2) Before adopting any rule governing dealings between the City and the public, or establishing hearing procedures for resolving matters in dispute, a city department director, agency head or multi-member body shall give notice of a hearing by publication in a daily newspaper of general circulation and by electronic posting available to the public, at least four (4) weeks in advance of the scheduled hearing. The notice of hearing shall: a. Contain the proposed rule or procedure, or a statement of its substance; b. Specify the department director or agency head or his or her designee, from whom additional information can be obtained; c. Specify the location, date, and time for oral presentation of views by interested persons; and d. Specify that any written comments and recommendations intended to be considered prior to adopting the rule shall be submitted no later than the conclusion of the public hearing. (3) No person shall be precluded from submitting written recommendations and comments subsequent to adoption of the administrative rule. All written comments and recommendations shall be kept on file and made available for public inspection by the promulgating department director, agency head, or multi-member body. Written comments and recommendations received up to the date of the hearing or during the hearing shall be read into the hearing record. (4) After the conclusion of the public hearing and consideration of all comments and recommendations, the proposed rule shall become effective upon publication in a daily newspaper of general circulation. All effective rules and procedures shall be codified to correspond to the chapter of the City Code which authorized adoption of the rules or procedures, and included in the Detroit City Code after city ordinances in a separate part titled Administrative Rules. (5) Notwithstanding the preceding subsections, in the case of an emergency declared in writing by the Mayor or the City Council concerning the public health, safety or welfare, a proposed rule may be given effect for a period not to exceed seven (7) days. 11

13 (6) When promulgating a rule or procedure under this section, a city department director, agency head, or multi-member body is limited to proposing rules which establish procedures, and is precluded from promulgating rules or procedures which are substantive in nature and required to be enacted through an ordinance. (7) Where rules governing hearing procedures for resolving matters in dispute are adopted, those rules shall be consistent with due process of law. COMMENTARY: Administrative rule making is an important role of city government, especially where the rule impacts the relationship between the public and city government. This section has been revised to strengthen citizen input, further restrict the ability of city officials to adopt rules under emergencies and provide more specific guidance to city officials and employees on the rule making process. This has been accomplished by: (1) clarifying the broad scope of the section s application to include all city departments, agencies and multi-member bodies; (2) explicitly precluding these departments, agencies and bodies from promulgating substantive rules, which is the responsibility of City Council; (3) require that timely submitted comments and recommendations be read into the record at the public hearing on the rule adoption; (4) allow citizens to submit comments and recommendations subsequent to adoption of a rule, which will become part of the official record maintained by the department, agency or multi-member body promulgating the rule; and (5) reduce, from sixty (60) days to seven (7) days, the period during which rules promulgated by City Council or the Mayor during emergencies may remain in effect before following the Charter process for promulgating rules. Sec Public Records. All records of the City shall be made available to the general public in compliance with the Freedom of Information Act, MCL , et. seq.; MSA (1), et. seq. Sec Prohibition Against Entering Into Contracts or Giving Position to Those in Default. The City of Detroit, through its executive branch departments and legislative branch agencies, is prohibited from making a contract with, or giving an official position to, one who is in default to the City. COMMENTARY: Under the Home Rule City Act, 12 MCL 117.5(f), the City is prohibited from entering into contractual agreements or providing official positions to someone in default to the City. Default may include, but is not limited to, failure to pay income, personal or property taxes, or inspection or license fees. Sec ARTICLE 3. ELECTIONS Department of Elections. A Department of Elections shall plan, monitor and administer all elections in the City of Detroit. COMMENTARY: Article 3 (Elections) of the 1997 Charter addressed the Department of Elections, City Clerk and elections generally. This Charter divides these distinct functions into separate articles and sections. This section, establishing the Department of Elections, is an adaptation of language in section of the 1997 Charter. It replaces section 3-101(City Elections) of the 1997 Charter, which has been renumbered and renamed as section (City Elections and City Council Initiated Ballot Proposals). Sec Election Commission. The Department of Elections is headed by the Election Commission composed of: 1. The City Clerk, who is Chairperson; 2. The President of the City Council; and 3. The Corporation Counsel. COMMENTARY: Section 3-102, formerly titled Department of Elections in the 1997 Charter has been revised. Duties related to the Election Commission (Sec ) and matters related to the Director and Deputy Director of the Department of Elections (3-104) have been moved to a separate section.. Sec Powers and Duties of Election Commission. The Election Commission has general supervision of all elections in the City and may hire assistants, inspectors, and other election personnel. Precinct election officers and temporary employees required from time to time for periods not to exceed thirty (30) business days may be appointed, exempt from Article 6, Chapter 4, of this Charter. Except as otherwise provided by this Charter or ordinance, the Election Commission shall perform all

14 duties required of election commissions by law. The Commission may subpoena witnesses, administer oaths, take testimony and require the production of evidence. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for the failure to obey a subpoena or order, the Commission shall apply to the appropriate court. All meetings of the Commission shall be conducted in compliance with the Michigan Open Meetings Act, MCL , et seq., including making a record of its proceedings. In case of any doubt concerning election procedure, the Commission shall prescribe the procedure to be followed. COMMENTARY: The duties, powers and functions of the Election Commission set forth in section of the 1997 Charter have been removed to this new section. Also, references to meetings and records being public have been replaced by specific reference to the Open Meeting Act. This change makes clear that the Election Commission is required to comply with general state laws which regulate public meetings and records. Sec Director and Deputy Director. The City Clerk shall appoint a Director and Deputy Director of the Department of Elections, who are skilled and experienced in municipal election administration. Under the direction of the City Clerk and in accordance with general policies of the Election Commission, the Director shall supervise, plan and monitor all activities and operations incidental to the conduct of elections and voter registration. The Director or Deputy Director of Elections may be removed by the Clerk for cause. COMMENTARY: This new section substantially contains the language in paragraph four (4), section of the 1997 Charter. However, it has been revised to reflect the current status of Michigan law which gives authority to the City Clerk, and not the Election Commission, to hire and terminate the Director and Deputy Director. MCL Sec City Elections and City Council Initiated Ballot Proposals. A regular city general election to fill the elective offices of the City shall be held on the Tuesday after the first Monday of November of 2013 and every fourth year thereafter. A regular city primary election to nominate candidates for city offices shall be held on the Tuesday after the first Monday of August before the general election. If a vacancy occurs in the office of Mayor it shall be filled by succession under section The unexpired term shall be filled at the next general election in the City held not sooner than one hundred eighty (180) days after occurrence of the vacancy. If a vacancy occurs on City Council it shall be filled by appointment, based on a two-thirds (2/3) vote of members. The person appointed shall serve until an elected member takes office. The election to fill the vacant position shall occur at the next general election to be held not sooner than one hundred eighty (180) days after occurrence of the vacancy. If a vacancy occurs in an elective office of the Board of Police Commissioners it shall be filled by the Mayor with a resident from the relevant district, subject to City Council approval. If City Council does not disapprove the appointment within thirty (30) days of the appointment it will be deemed confirmed. The appointed person shall serve until an elected member takes office. The election to fill the vacant position shall occur at the next general election to be held not sooner than one hundred eighty (180) days after occurrence of the vacancy. The City Council may submit, by resolution adopted not less than seventy (70) days before any election or special election, any proposal to the voters of the city. COMMENTARY: Several revisions have been made in section 3-105, which is comprised of provisions of section (City Elections) of the 1997 Charter. The date for primary elections for city office has been changed, adopting the date currently used by the City and required by the Michigan Election Law, MCL The year for holding the next general election for city office has been added as a point of information, and as a reference in determining future elections based on the four (4) year city election cycle. The current procedure for filling vacancies in the offices of Mayor and City Council has been replaced. The intent behind this revision is to eliminate the potential need for costly special elections, while at the same time honoring citizen choice in filling a vacancy at the earliest possible election date, subject to relevant provisions of the Michigan Election Law, MCL et seq. A procedure for filling vacancies in the newly created office of elected Board of Police 13